Where a defendant is charged with delivering a controlled substance within 1,000 feet of a school, the state must present evidence not only of the location’s proximity to the school, but that the school was open at the time of the offense. Further, the state’s case fails when it is unable to establish this essential element.The 1st District Appellate Court affirmed in part, reversed in part and remanded a decision by Cook County Circuit Judge Mary Colleen Roberts.On June 29, 2011, Chicago police began an …